WHEREAS, The applicant, The New York Healthy Birth Fair, has applied for a permit to hold an event on Saturday, July 21,2007 at the south end of Union Square Park; and

WHEREAS, This is a new event to be held by three organizations that look to inform the public about alternative and healthy ways to give birth; and

WHEREAS, This event will be attended by approximately 750-1000 people; and

WHEREAS, The event will run from 11:00am to 7:00pm with set up starting at 8:00am and break down going no later than 9:00pm; and

WHEREAS, There will be two canopies and 4 popups to house the three sponsoring organizations and “red tent” and a children’s craft tent, and approximately fifty (50) tables; and

WHEREAS, There will be low level amplification in one tent for speaking only and the appropriate permits will be obtained from the police department; and

WHEREAS, There will be no sale of merchandise; therefore be it

 RESOLVED, That Community Board Five recommends approval of the permit for the Birth Fair event in Union Square Park on Saturday, July 21.

The above resolution passed with a vote of 32 in favor, 1 opposed, 4 abstentions.  

WHEREAS, The following applications were presented for Community Board Five's recommendation:

• Origins Natural Resources, application to hold an organic breakfast event within a tent or greenhouse in the Union Square Park Farmer's Market in June.

• Sachiyo Ito and Company, application to hold dance performance in Union Square Park on Thursday, June 28th.

• Unified Vibes Summer Solstice Celebration (music event) in Union Square Park on Friday, June 22nd.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously; and

WHEREAS, The applicants were invited to, but did not attend the Parks Committee Meeting to present their proposals for review and, therefore the committee was unable to determine the answer to a number of questions; therefore be it

RESOLVED, That Community Board Five recommends denial of the above applications.

WHEREAS, Ramah Records is asking for a permit to hold a music festival in the south end of Union Square Park on July 13; and

WHEREAS, A 30 foot stage for 4 musical groups and sound equipment would be set up 1-2 hours before the show and break down would take as long, and the event would be 4 hours long; and

WHEREAS, No merchandise will be sold, and there would be no signage, and the sound level will be moderate; and

WHEREAS, The organization has done such festivals in other parks in Brooklyn and Queens; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Ramah Records LLC for a music festival in Union Square Park.

The above resolution passed with a vote of 23 in favor, 14 opposed, 1 abstention.  

WHEREAS, The West 100th Street Playground, located within Central Park adjacent to Central Park West was first opened in 1936, and was later reconstructed in 1972 as a Discovery Play Park; and

WHEREAS, The existing playground is considered to be underused due to its deteriorating conditions, missing and outdated elements and poor visibility and access from the Park and from Central Park West; and

WHEREAS, The efforts in this proposal are intended to build on the strengths of the adventure-style playground while responding to contemporary concerns and expectations of safety and accessibility standards; and

WHEREAS, The proposed scope of work within the playground includes:

• Rebuilding the adventure-style play structures such as the pyramid and tree houses

• Installation of freestanding play equipment

• Addition of toddler amenities such as swings, climber, and sandbox

• Renovation of separate water features for toddlers and for school-age children; and

WHEREAS, The proposed playground site work includes:

• Replacement of the existing fence with a lower one, making the playground more visible

• Relocation of the playground entry closer to West 100th Street

• Installation of new storm drainage and water service utilities

• Installation of a water fountain and benches; and

WHEREAS, The proposed work on the adjacent landscaping includes:

• Reconstruction of park paths

• Replacement of storm drainage

• Installation of a new irrigation system

• Installation of park security lighting and benches

• Restoration of lawn areas

• Establishment of new landscape plantings; and

WHEREAS; Community Board Five believes that the proposed reconstruction work is favorable, and voted to approve the preliminary plan in January 2007; therefore be it

RESOLVED, That Community Board Five recommends approval of the Central Park Conservancy's proposal for the reconstruction of the West 100th Street Playground and adjacent landscape in Central Park.

WHEREAS, 24 West 30th Street is in a M1-6 zone, and four and one-half floors were previously converted to residential units under the NYS loft law; and

WHEREAS, The building is approximately 25 ft. wide by 98 ft. deep, and is 12 stories tall, totaling 26,900 sq. ft.; and

WHEREAS, The Applicant acquired the building in 1982 with 4 floors of rent-stabilized residential units, on floors 6,7,9,12 and one-half of floor 5, and the remaining floors above the ground floor used for commercial and light manufacturing purposes; and

WHEREAS, The BSA expressed concerns about conversion of the entire building to residential and requested that floors 2,3 and 4 remain commercial, to which the Applicant has agreed; and

WHEREAS, Of the three and one-half floors proposed for conversion, two and one-half floors are vacant, and one floor is currently occupied by a commercial user; and

WHEREAS, Issuance of a variance requires a finding of economic hardship, caused by a unique or unusual condition of the property, and the Applicant has demonstrated that the 25 ft. width of the building creates spaces that cannot be rented for the allowable uses at market rents; and

WHEREAS, Although concern was expressed about the disappearance of class B and C office space in Manhattan, available to small businesses and non-profit groups, it was felt the relatively small percentage of the building being converted would have a minimal impact on the market; therefore be it

RESOLVED, Community Board Five recommends approval of the application for the conversion of the building from commercial to residential use pursuant to Z.R. §72-21.

The substitute resolution passed with a vote of 20 in favor, 15 opposed, 3 abstentions.

WHEREAS, 400 Fifth Realty LLC is proposing to construct a 57-story building designed by Gwathmey Siegel & Associates, containing residential, hotel and retail uses at 400 Fifth Avenue; and

WHEREAS, The zoning lot containing 400 Fifth Avenue is located within the Special Fifth Avenue Subdistrict of the Special Midtown District at 36th Street; and

WHEREAS, After a previous owner and previous architect came before Community Board Five, the applicant, who became the owner in November 2005 and hired new architects, came before Community Board Five and its Landmarks Committee in October 2006 to present this project, the building's proposed design and a preservation plan for 401 Fifth Avenue, at which time the Board voted to approve the project; and

WHEREAS, The Landmarks Preservation Commission considered this project at a hearing on 10/31/06 and a public meeting on 11/14/06, and after the applicant continued to make minor modifications to the proposal, issued its unanimous approval and a favorable report to the Department of City Planning on 12/1/06; and

WHEREAS, The applicant is requesting from the Department of City Planning a Special Permit to allow the transfer of 173,692 square feet of floor area from the zoning lot directly across the street containing 401 Fifth Avenue, which is the Tiffany & Company Building, a designated landmark; and

WHEREAS, The applicant is requesting a waiver of height and set-back requirements that would permit the current design to be built without encroaching upon or overshadowing the adjacent building, 404 Fifth Avenue, which is a designated landmark; and

WHEREAS, The applicant is requesting a special permit to modify the Zoning Resolution to permit it to provide only half of the normally required pedestrian circulation space, i.e., approximately 800 square feet instead of approximately 1600 square feet, because the applicant maintains that to provide all of the space would have a negative impact on the Fifth Avenue street wall; and

WHEREAS, After a study of the traffic on West 36th Street as well as Fifth Avenue, the applicant will locate the hotel entrance on Fifth Avenue, adjacent to the retail spaces, and the service and residential entrances on West 36th Street; and

WHEREAS, Since current rules in the Fifth Avenue Special District do not permit hotel entrances on Fifth Avenue,  the applicant is  requesting a text amendment that will permit it to have the hotel entrance on Fifth Avenue; and

WHEREAS, Although concerns were raised about the value of the Preservation Plan for 401 Fifth Avenue as compared to the value of the development rights being transferred and the desirability of such a tall tower with no setbacks being built near the Empire State Building, it was felt that because 401 Fifth Avenue already had a Preservation Plan in place from a previous transfer of development rights, and due to the superior quality design for the proposed building, one that was unanimously approved by the Landmarks Preservation Commission, that these concerns should not be obstacles to our support for this project; and  

WHEREAS, This new building, designed to be harmonious with the adjacent buildings, including the Empire State Building, will bring new retail, hotel and residential resources to a section of midtown that will benefit from a development of this quality;  therefore be it

RESOLVED, That Community Board Five recommends approval of the application for 400 Fifth Realty LLC for special permits to allow the transfer of 173,692 square feet of floor area from the zoning lot containing 401 Fifth Avenue, to provide a reduced amount of Pedestrian Circulation Space as set forth in their application, to modify height and set-back requirements as set forth in their application, and to permit a hotel entrance on Fifth Avenue.

The above resolution passed with a vote of 22 in favor, 13 opposed, 2 abstentions, 1 present not entitled to vote.  

WHEREAS, The proposed amendment would add new zoning text to Section 15-41, Enlargements of Converted Buildings, that would allow, by authorization, for a waiver of the open space requirements contained in Section 15-12 for the portion of the building being converted to residential use, and would allow the maximum floor area ratio to be achieved on the subject site irrespective of the site meeting its required height factor or open space requirements; and

WHEREAS, Under the current zoning, the portions of a building undergoing residential conversion and the potential enlargement of that building are each required to provide a certain amount of on-site open space; and

WHEREAS, The open space equivalent for the part of the building being converted can be placed on the roof, but the open space equivalent for the enlargement cannot be located on the roof due to the open space ratio provisions of height factor zoning; and

WHEREAS, The text amendment would facilitate the progress of the applicant’s project, namely, the enlargement and residential conversion of an existing commercial building located on the midblock between W. 10th and Charles Streets and West and Washington Streets, in Community Board Two in Manhattan; and

WHEREAS, The type of enlargement the amendment would allow reflects a change in thinking in urban design away from height factor buildings, which promote development of tall buildings surrounded by open space, allowing for more flexibility in conversion projects.  Specifically, meeting the open space ratio requirements of the current zoning entails tearing down an existing structure and building a new one from scratch, while the proposed text amendment would allow existing buildings to be preserved and used as a base for enlargements; and

WHEREAS, The amendment sought is not a mechanism to allow building projects to add more bulk, but to arrange the allowed bulk differently; and

WHEREAS, The proposed amendment would not diminish the amount of open space available to the general public since the open space created by current zoning regulations is only required to be available to residents; and

WHEREAS, The proposed amendment currently only applies to the project in Community Board Two, the Department of City Planning considers the issue to be a general issue of preservation and therefore requested that the proposed changes be incorporated into the Zoning Resolution; and

WHEREAS, The waiver created would not be as of right and would require an applicant to meet the stipulated findings before the City Planning Commission; and

WHEREAS, This application was approved by the five other community boards to which it was presented; therefore be it

RESOLVED, That Community Board Five recommends approval of the requested zoning text amendment to waive, with authorization, existing height factor or open space requirements for buildings being converted to residential use.

WHEREAS, The applicants, China Grill Management 12 E 22 LLC, d/b/a "Borough Food and  Drink," located at 12 East 22nd Street, have applied for  renewal of their liquor license; and

WHEREAS, Jeffrey Chodorow, a principal of China Grill Management and a restaurateur known for successfully operating well-known dining establishments, attended the Public Safety/Quality of Life Committee Meeting on June 11, 2007; and

WHEREAS, "Borough Food and Drink" will be a first class restaurant featuring artisanal foods and ingredients from and around the New York metropolitan area; and

WHEREAS, When the original liquor license was granted in 2003, China Grill Management agreed to a number of conditions due to the fact that residents of this block and the surrounding area voiced concerns and complaints based on a history of problems with other establishments at that location; and

WHEREAS, For the past four years, China Grill Management has operated this establishment according to the agreement (which is still in effect), with no complaints from residents and no problems reported by the police; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; therefore be it

RESOLVED, That Community Board Five recommends approval of the renewal of the liquor license for China Grill Management 12 E 22 LLC, d/b/a "Borough Food and Drink,", located at 12 E. 22nd Street.

WHEREAS, Thirty East 30th Street Owner LLC has applied for a hotel beer and wine license, at 30 East 30th Street operating as “Hotel Thirty Thirty;” and

WHEREAS, “Hotel Thirty Thirty” has 350 rooms with approximately 68 rooms operating as single room occupancies (SRO’s); and

WHEREAS, The beer and wine license is to be used in mini bars in guest rooms and not room service, which is provided by a separate restaurant located in the hotel; and

WHEREAS, This hotel has a large space on the ground floor that was at one time a club (“Danceteria”) that negatively impacted this block and neighborhood; and

WHEREAS, Residents have voiced concerns over the years regarding the return of both the club and a liquor license on the premises; and

WHEREAS, Community Board Five has consistently recommended disapproval of a liquor license for the former club space; and

WHEREAS, The applicant has agreed that they will not use the license being applied for to sell beer or wine to the general public in the former club space that was “Danceteria” but reserves the right to limit the sale of wine and beer in that space to hotel guests or private hotel functions; and

WHEREAS, The applicant will notify the Community Board of any alterations regarding the license or the former club space; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; and

WHEREAS, The applicant has signed an affidavit (attached) outlining the above conditions/stipulations to be incorporated into the method of operation of their New York State Liquor Authority Application; and

WHEREAS, The applicants agree to submit to CB5, a copy of their final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends disapproval of a hotel wine and beer license for Thirty East 30th Street Owner, LLC, d/b/a “Hotel Thirty Thirty,” located at 30 East 30th Street, unless the conditions above and in the attached affidavit are incorporated into the method of operation of the applicant’s New York State Liquor Authority Application.

The above resolution passed with a vote of 36 in favor, 1 opposed, 1 abstention.  

WHEREAS, BecRon, LLC has applied for the transfer of a liquor license located at 143 Madison Avenue; and

WHEREAS, Mark Titone, former owner in excellent standing, of "Vapor," will be involved in the ongoing operation of this establishment, i.e., consulting, financing and a personal guarantee to the landlord regarding the lease; and

WHEREAS, The applicants, Rebbecca Beltran and Ron La Sasso, intend to operate a club/lounge primarily in the same manner currently used by "Vapor" with music and light meals and no dancing, and expect to attract a young professional clientele; and

WHEREAS, The location is approximately 4,000 square feet (of which 2,800 is usable square footage) with occupancy of 200 persons on the first floor and 35 in the basement (which can also be used as a waiting area, if necessary); and

WHEREAS, The club's hours are to be from 4 p.m. to 4 a.m., Tuesdays thru Sundays; and

WHEREAS, The applicants will not apply for a cabaret license; and

WHEREAS, The applicants will not apply for a sidewalk café; and

WHEREAS, The applicants agree to close windows and doors no later than 10 p.m.; and

WHEREAS, The Public Safety/Quality of Life Committee informed the applicants that the neighborhood has many concerns regarding this block because of the proximity of residential buildings to the club, as well as the history of a previous club (China White) at this location where noise and other nuisance conditions had been prevalent; and

WHEREAS, With the intention of being a good neighbor and safeguarding the quality-of-life, the applicants have agreed to run the establishment in accordance with a list of operational guidelines they will implement that includes the following measures:

• Security: radios, ID scanners, first aid and CPR kits, in-house surveillance cameras and other equipment will be utilized to enhance safety and prevent crime and disturbances

• Crowd and Noise Control: sound will not exceed permissible levels and applicant will add sound proofing measures. Security personnel will discourage patrons from congregating outside and ensure that they leave the premises in a respectful manner. Applicants will post signs with their phone number and email addresses so that complaints can be addressed immediately. Applicants also agreed to provide the PSQL Committee with their cell phone numbers and to attend future meetings of the committee to answer complaints or issues brought to the attention of the Community Board.

• Use of Promoters: applicants will employ professional promoters only in connection with the hosting of charitable events. They will only use the Internet and email to advertise the events and will not employ promoters who have a history of littering neighborhoods with flyers and other promotional materials.  They will also work with the Community Board to develop further guidelines for promoters and in the event that a promoter violates the guidelines, applicants will refuse to employ the services of that individual again.

• Additional Measures: Applicants will provide all employees with alcohol awareness training, will have a zero tolerance for drugs policy and will meet regularly with NYPD community affairs personnel; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; and

WHEREAS, The applicants have signed an affidavit (attached) outlining the above conditions/stipulations to be incorporated into the method of operation of their New York State Liquor Authority Application; and

WHEREAS, The applicants agree to submit to Community Board Five a copy of their final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends disapproval of the application for the transfer of the liquor license, located at 143 Madison Avenue, to BecRon, LLC, unless the conditions above and in the attached affidavit are incorporated into the method of operation of the applicants' New York State Liquor Authority Application.

WHEREAS, 790 Lounge LLC and Soho Café LLC are applying for an on-premises liquor license for a restaurant on the 14th floor and rooftop of the Hilton Garden Inn Times Square located at 790 Eighth Avenue; and

WHEREAS, The 14th floor of the lounge will be adjacent to hotel rooms, and the windows to the East will be covered by bathrooms, a coat closet, and a stairway leading to the rooftop, thus mitigating noise on this level; and

WHEREAS, The rooftop of the restaurant will be confined to a gross square area of 960 square feet with a seating capacity of approximately 64, and will close at 12 midnight Sun-Tues and 2 a.m. Wed-Sat during the months of operation; and

WHEREAS, The rooftop of the lounge will have a partially enclosed structure that will have a roof and Eastward and Southward facing walls, all with noise and light reducing properties (light on the rooftop will be "candlelight" level); and

WHEREAS, The managers of the restaurant attended the Public Safety/Quality of Life (PSQL) Committee meeting on June 11, 2007 and agreed on behalf of 790 Lounge LLC, and Soho Café LLC to the following conditions to be incorporated into the "method of operation" in their liquor license application; and    

• will not become a club

• will not apply for a cabaret now or in the future

• will provide CB5 with telephone numbers of manager

• will have a DJ on the 14th floor

• will close the rooftop at 12 midnight Sun-Tues and 2 a.m. Wed-Sat

• will have no DJ on the rooftop nor play any music on the rooftop other than quiet background music

• will not cook barbeque on the rooftop; and

WHEREAS, After one year of operation, the applicants will return to CB5 (Public Safety/Quality of Life Committee) for reconsideration of the rooftop hours; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; and

WHEREAS, The applicants have signed an affidavit (attached) outlining the above conditions/stipulations to be incorporated into the method of operation of their New York State Liquor Authority Application; and

WHEREAS, The applicants agree to submit to CB5, a copy of their final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends disapproval of an on-premises liquor license for 790 Lounge and Soho Café LLC, located at 790 Eighth Avenue, unless the conditions above and in the attached affidavit are incorporated into the method of operation of the applicants' New York State Liquor Authority Application.

WHEREAS, 38-42 West 18th Street/41-45 West 17th Street are located in the Ladies’ Mile Historic District; and

WHEREAS, The application for 2 rooftop additions, 1 ½ stories at 42 West 18th Street and 2 ½ stories at 40 West 18th Street, and for a new 15-story structure on the vacant lot between 17th and 18th Street, adjacent to 40 and 42 West 18th Street was approved by the Landmarks Preservation Commission in May of 2001; and

WHEREAS, The application for Certificate of Appropriateness, filed in 2001, expired on May 22, 2007 and must be renewed; and

WHEREAS, The application is essentially the same as originally approved except that the rooftop additions, due to stricter Landmarks Preservation Commission rulings, will be reduced by 5,000 square feet; and

WHEREAS, The FAR will be reduced from 9.78 to 8.43 by creating a courtyard on the 2nd and 3rd floors and by reducing the rooftop additions, which are not visible from the public way; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for 38-42 West 18th Street.

The above resolution passed with a vote of 36 in favor, 0 opposed, 2 abstentions.  

WHEREAS, The building at 160 Fifth Avenue, located in the Ladies' Mile Historic District, is a nine-story building in the Renaissance Revival style, designed by R.H. Robertson and built in 1891-92, formerly known as the Mohawk Building, with ground-floor retail and upper-floor office space and located at the southwest corner of Fifth Avenue and 21st Street; and

WHEREAS, The applicant proposes to restore the significant disrepair of the retail storefront on Fifth Avenue in a manner that matches the original stone and cast-iron design; and

WHEREAS, There will be a master plan to ensure that retail signage and storefronts on Fifth Avenue conform to design standards of the Ladies' Mile Historic District, and which will be reviewed by the Landmarks Preservation Commission; and

WHEREAS, The applicant proposes that the existing entrance to the office space on Fifth Avenue will be stripped and recreated into a new entrance to the retail space, the interior of which will be subdivided; and

WHEREAS, The applicant proposes that the existing entrance to the retail space on Fifth Avenue will remain open to the newly subdivided interior retail space; and

WHEREAS, The applicant proposes to replace the ornate existing loading dock on 21st Street with a new entrance to the commercial office lobby, creating a glass entrance in a modern style; and

WHEREAS, The applicant proposes to restore the original design work along the 21st Street bays; and

WHEREAS, The applicant proposes to relocate the elevator shafts to the rear yard, which will partially cover existing skylights; and

WHEREAS, The elevator shafts will not be visible from the street or affect any tenants; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a Certificate of Appropriateness for 160 Fifth Avenue to repair the storefront infill, a new retail entrance on Fifth Avenue, a new commercial office entrance on 21st Street, and to construct a rear yard addition.

WHEREAS; The building at 1182 Broadway, between West 28th and West 29th Streets, known as the Centurion Building, was designed by the architect William Rouse of Rouse & Goldstone, and constructed in 1908; and

WHEREAS; 1182 Broadway is a brick structure ornamented with stone and terra cotta, with 17 inhabitable floors, plus a mechanical penthouse and bulkhead; and

WHEREAS; 1182 Broadway is located within the Madison Square North Historic District; and

WHEREAS; The application has been filed for a report pursuant to Zoning Regulation 74-711 for a modification of use, a Certificate of Appropriateness for storefront design, and a Certificate of No Effect for restoration work; and

WHEREAS; In exchange for the execution of cleaning and repairs to the façade, the applicant seeks to change the usage of the sixth through seventeenth floors from manufacturing to residential and will appear before the Board at a later date to present the Land Use portion of the application; and

WHEREAS; The ground through fifth floors are proposed to remain in commercial use; and

WHEREAS; In 1920, two central Marble columns had been removed, and the ground and second floor façade was altered to create a double height storefront opening; and

WHEREAS; After 1920, the remaining Marble columns and masonry details of the ground through third floors had been painted, and portions of the storefront were covered in a non-distinguished corrugated aluminum cladding; and

WHEREAS; At the ground level, the applicant proposes to install contemporary glass and metal entrances and storefront infill; and

WHEREAS, The applicant proposes to clean and restore the marble columns and masonry details, remove the aluminum, and restore whatever remains of the 1920 storefront, including replicating what may have been removed; and 

WHEREAS; The applicant proposes to clean and restore the fourth through twelfth floor brick façade, retaining the existing copper clad windows, and to patch the deteriorated marble window sills; and

WHEREAS; The façade of the thirteenth through seventeenth floors is heavily ornamented in terra cotta that has become deteriorated, and is proposed to be cleaned and patched; and

WHEREAS; The applicant has proposed to remove the existing, badly deteriorated terra cotta cornice and balustrade, and replace it in fiberglass; and

WHEREAS; Community Board Five believes that much of the work that the applicant has described may be a worthy restoration of floors two through seventeen, however, there is great concern that the building restoration must include replication and replacement of the cornice and the balustrade manufactured in either terra cotta or masonry, as opposed to fiberglass, which we deem unacceptable; therefore be it

RESOLVED; That Community Board Five recommends denial of the application for a modification of use, based on a Certificate of Appropriateness and a Certificate of No Effect for restoration work.

WHEREAS, The owner of the Rodin Studios, an individual landmark at 200 West 57th Street, on the southwest corner of Seventh Avenue and 57th Street (west of Carnegie Hall and south of the Osborne Apartments), is applying for a Certificate of Appropriateness to construct  a rooftop addition; and

WHEREAS, Rodin Studios was named after the famous sculptor Auguste Rodin, designed by the great architect Cass Gilbert, built in 1916-17 in the French Gothic style for artists studios and residential space, and was designated a NYC landmark in 1988; and

WHEREAS, The Rodin Studios in addition to being very historic, also housed many famous people, such as violinist Jascha Heifetz, author Theodor Dreiser, actress Mae West, and actors Jason Robards and Eli Wallach; and

WHEREAS, The 14-story building is faced in polychromatic rough brick and ornamental terra-cotta trim and is currently undergoing a façade restoration; and

WHEREAS, The proposed 15th floor addition is 1,438.1 sf. making the existing 15th floor plus the proposed addition to the 15th floor a total of 5,963.7 sf., and the height approximately 10’; and

WHEREAS, The face of the new 15th floor has the same setbacks as the existing 15th floor and the rear of the proposed 15th floor addition in the southwest corner aligns with the edge of the building below; and

WHEREAS, The proposed 16th floor addition is 5,663.9 sf. and the height approximately 12’; and

WHEREAS, The face of the proposed 16th floor addition aligns with the edge of the 15th floor addition along 57th Street and is 96’-6” in length and is setback 3’-8” from the overall 15th floor along 7th Avenue, and is 68’-5 ¾” in length and the rear of the proposed 16th floor, in the southwest corner, aligns with the edge of the building below; and

WHEREAS, The addition would be made of a darker brick and terra-cotta than in the façade to blend in with a background of dark glass and railings that would be added; and

WHEREAS, The addition is significantly visible from north and south along 7th Avenue, as well as from east and west along 57th Street; therefore be it

RESOLVED, That Community Board Five recommends denial of the rooftop addition because the addition is very visible from a wide distance and would diminish the extraordinary historic quality of this very beautiful landmark.

WHEREAS, Community Board Five takes its role in the review of applications for Newsstand seriously; and

WHEREAS, A member of the Consents & Variances Committee visited the requested location, and based on observation of pedestrian traffic pattern, the placement of a newsstand at the above locations will further impede pedestrian flow; and

WHEREAS, The applicant for the above referenced request was invited, yet failed to attend Community Board Five’s Consents & Variances Committee meeting on Thursday, June 14, 2007, at 5:00p.m. to answer any questions the committee may have; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a newsstand at the N/W/C of 6th Avenue & West 49th Street and N/W/C of 6th Avenue and West 50th Street.

The above resolution passed with a vote of 35 in favor, 0 opposed, 1 abstention.  

WHEREAS, 1650 Broadway Associates Inc.,, has submitted an application for an unenclosed sidewalk café for 4 tables and 16 seats at 1650 Broadway; and

WHEREAS, A member of the Consents & Variances Committee visited the requested location, and notices were posted notifying of the hearing to discuss the proposed request; and

WHEREAS, Based on observation of pedestrian traffic pattern, and also the attached letter from the Times Square Alliance, the placement of an unenclosed sidewalk café at this location will further impede an already crowded pedestrian flow; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by 1650 Broadway Associates Inc., for an unenclosed sidewalk café at 1650 Broadway.

The above resolution passed with a vote of 35 in favor, 0 opposed, 1 abstention.  

WHEREAS, New York City currently has 13,000 taxicabs on its streets with Community Board Five having some of the highest concentration of them in the city; and

WHEREAS, All but 375 of New York City taxicabs are powered by traditional gasoline engines with the vast majority of them being Ford Crown Victorias that get 14 miles per gallon; and

WHEREAS, Hybrid electric vehicles on average get 30 miles per gallon and will save the average taxicab driver $10,000 per year in fuel costs; and

WHEREAS, Hybrid electric vehicles will provide New York City with clean air benefits equivalent to removing 32,000 cars from city streets and will reduce carbon output by 215,000 tons; and

WHEREAS, The Bloomberg Administration has proposed as part of its PlaNYC to replace the entire New York City taxicab fleet with hybrid electric taxicabs by 2012 under the following schedule:

• October 2008 - 1000 yellow hybrid taxicabs

• October 2009 - 4000 yellow hybrid taxicabs (30% of the fleet)

• October 2010 - 7000 yellow hybrid taxicabs (53% of the fleet)

• October 2011 - 10000 yellow hybrid taxicabs (76% of the fleet)

• October 2012 - all yellow taxicabs will be hybrid (100% of the fleet); and

WHEREAS, Although the Bloomberg Administration is proposing to replace the entire taxicab fleet with cleaner more efficient vehicles, Community Board Five would prefer all taxicabs also be handicapped accessible, as well as being equipped with child safety seats; therefore be it

RESOLVED, That Community Board Five supports the Bloomberg Administration's proposal to make the entire New York City taxicab fleet hybrid electric by 2012 and also recommends that all taxicabs be handicapped accessible by 2012.